innocent buberwa kalemara vs standard chartered bank t ltd and another 2021 tzhc 4080 14 july 2021
The 1st defendant was not justified to terminate the undertaking and facility letter after property transfer, as evidence of concealment was not substantiated and exclusion clause cannot absolve fundamental contract obligations; plaintiff suffered damages but failed to prove specific amounts.
- Citation
- innocent buberwa kalemara vs standard chartered bank t ltd and another 2021 tzhc 4080 14 july 2021
- Parties
- Plaintiff: Innocent Buberwa Kalemara; 1st Defendant: Standard Chartered Bank (T) Ltd; 2nd Defendant: Petromark Africa Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 July 2021
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for plaintiff
- Legal Topics
- Breach of Undertaking, Exclusion Clauses, Damages, Mortgage Facility, Transfer of Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Innocent Buberwa Kalemara
Plaintiff
Standard Chartered Bank (T) Ltd
1st Defendant
Petromark Africa Limited
2nd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the 1st defendant was justified to withdraw the letter of undertaking after property transfer
- 2 Whether the plaintiff suffered damages
- 3 Reliefs entitled to the parties
Ratio Decidendi
The 1st defendant was not justified to terminate the undertaking and facility letter after property transfer, as evidence of concealment was not substantiated and exclusion clause cannot absolve fundamental contract obligations; plaintiff suffered damages but failed to prove specific amounts.
Court Disposition
Judgment for plaintiff
Orders
- Plaintiff awarded general damages of 150,000,000
- Plaintiff awarded costs of the suit
Full Case Text
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